ABBOTT (Ellen), South Woodford. Aug. 5; Young, Jackson, Beard, and King, 46, Parliament-st, S. W. 1. ABRAHAMS (Louis John), London Wall and Pinner. Aug. 8; Lewis and Lewis, 10-12, Ely-pl, Holborn, E.C. 1. BURT (John), Worthing, late Send, near Woking. Aug. 3; J. Woodhouse and Co., 53, Malden-rd, New Malden, Surrey. BOND (Thomas George), Woolwich and Blackheath. Aug. 31; Henry Hilbery and Son, 4, South-sq, Gray's-inn, W.C. 1. BACON (Thomas Benjamin), Whipps Cross. Aug. 15; Sterns, 41 and 43, The Broadway, Stratford, E. 15. BOOTH (Alfred), Carshalton, formerly East Croydon. Aug. 5; Henry Gover and BRACEGIRDLE (Albert), Manchester. Aug. 10; C. H. Beech and Son, Manchester. BREWSTER (William), Harrogate. Aug. 8; E. P. Cross, Harrogate. BRENNER (Max), Stamford Hill. Aug. 10; Bishop and Fenton-Jones, Westminster Bank-chmbrs, 76, Kingsland High-st, E. 8. BAKER (John), Willenhall. Aug. 8; Rowland, Tildesley, and Harris, Willenhall. COOKE (Edward Jones), Cheltenham. Aug. 15; P. R. Christie, 6, Stone-bldgs, Lincoln's-inn, W.C. 2. CHURCHILL (Isabel Alice), Wembley. Aug. 8; Kimber, Bull, Howland, Clappe and Co., 6, Old Jewry, E.C. 2. COOKE (Henry Arthur), Falmouth. Aug. 6; E. E. Armitage, Falmouth. CARNELLEY (Mary), Manchester. Aug. 8; Skelton and Co., Manchester. CROSS (Edward Charles), Kirton-in-Lindsey. Aug. 10; Burton and Dyson, Kirton-in-Lindsey, Lines. CROSS (Margaret Taylor), Kirton-in-Lindsey. Aug. 10; Burton and Dyson, Kirton-in-Lindsey, Lines. CHATHAM (Martha Lane), Birmingham. Aug. 16; Tyndall, Nichols, and Hadfield, Birmingham. COGHILL (John Swanson), California. Aug. 8; Mason, Grierson, and Martin, CLAYTON (Annie Elizabeth), Settle. July 15; T. O. Jackson, Milnthorpe. H. M. Dawson, DOWNING (Florence Emilie), Crouch End. Aug. 12; Tyrrell, Lewis, and Co., 43, St. James's-pl, St. James's-st, S.W. 1. DE ROSASPINA (Emilia Simonson Vinda), Cardiff. Aug. 9; L. G. Williams and Prichard, Cardiff. DE BROGLIE (Prince Cesar Paul Emmanuel), Paris. Aug. 15; Farrer and Co.. 66, Lincoln's-inn-flds, W.C. 2. DOMINEY (Anna Maria), Dorchester. Claims within two months to Thcs. Ccombs and Morton, Dorchester. Dated June 3. DAVIS (Edward Prosser), Wilton-cres. Aug. 5; Thorpe, Perry, and Ford, Nottingham. DAVIS (Chariotte Maria), Bristol. Aug. 8; A. W. Taylor and Son, Bristol. DRABBLE (Alfred), Hove. Aug. 4; Stileman, Neate, and Topping, 16, Southampton-st, Bloomsbury-sq, W.C. 1. DENNE (Herbert Henry), Fordwich. Aug. 6; Houseman and Co., 6, New-ct, Carey-st, W.C. 2. DANE (Edward Thomas), Dover. Aug. 12; Bradley, Chitty, and Scorer, Dover. EVANS (Walter), Luton. Aug. 5; J. Gates, Luton. ELLIOTT (Lucy), Boreham Wood. Aug. 7; E. C. Rawlings, Butt, and Bowyer, 2, Walbrook, E.C. 4. ELLIS (Effie Mabel), Freshwater Bay, I.W. Aug. 10; Joyce and Ffcoks, Freshwater, I.W. EDWARDS (Anna Mary Louise), Brighton. Aug. 8; F. H. Carpenter, Brighton. EWERS (Mary Jane), Rollestone-on-Dove. Aug. 6; Drewry and Newbold, Burtonon-Trent. FEARNLEY (Joseph Kenyon), Ainsdale. Claims within two months to Cliff and FRASER (Gertrude Blanche), Hove. Aug. 10; R. J. Harris, Winchester. FRAZER (John Ewan), Davos Platz, Switzerland, formerly East Grinstead and FARR (Edwin John), Westminster. Claims within two months to Watkirs, FRY (Emma), Andover. Oct. 1; Blake, Lapthorn, and Roberts, Portsmouth. FURNESS (John), jun., West Hartlepool. Aug. 15; Middleton and Co., West Hartlepool. GRAY (Frederick Hogarth), Burghley-rd, Highgate-rd. Aug. 11; Broatch and Son, Keswick. GRIMES (James), Abergele. Aug. 4; Deputy Public Trustee, Manchester. Amphlett and Co., Colwyn Bay, sols. GREGOR (Francis Cavalie Courthouse Gow), Chenies-st, Tottenham Court-rd, Aug. 4; Wild, Collins, and Crosse, Kennan's House, Crown-ct, Cheapside, E.C. 2. GIBBONS (Mary Jane), Newcastle-upon-Tyne. Sept. 10; Septimus G. Ward and Rose, Newcastle-upon-Tyne. GILBERT-CARTER (Sir Gilbert Thomas), Barbados. Aug. 15; Daw and Son, GLYNN (James Francis), Waterloo. Aug. 5; McKenna and Fishwick, Liverpool. HOLLIDAY (Maria), Threlkeld. Aug. 8; Deputy Public Trustee, Manchester. HAWKINS (Mary Hanson), Ditchling. Aug. 21; G. S. Godfree, Brighton. HALLIWELL (Annie Maria), Poulton-le-Fylde. Aug. 8; R. W. Robinson, Blackpool. HATCHELL (Clara Constance), Chester-sq, formerly Stamford. Aug. 15; Farrer and Co., 66, Lincoln's-inn-flds, W.C. 2. HILL (Mabel), South Kensington and Totland Bay, I.W. Aug. 5; Cannon, Brookes, HOOD (Caroline), Hornsey, formerly West Bromwich. Aug. 15; Caddick and HEWITT (Thomas Henry), King's Cross and Finchley. Aug. 19; Boulton, Sons, and Sandeman, 21A, Northampton-sq, E.C. 1. HOYLE (Ellen), Rochdale. Aug. 12; S. Turner, Rochdale. HUGHES (Evan), Llandebie. Aug. 7; W. L. Smith, Ammanford. HARE (Hon. Hugh Henry), Warwick-sq, formerly Bracknell. Claims within two months to Slaughter, Colegrave, and Cockshutt, 7, Arundel-st, Strand, W.C. 2. Dated June 1. JONES (Elizabeth) and JONES (Richard), Dorrington. Aug. 13; Clarke and Son, Shrewsbury. JONES (Sarah Grace), Brixton. Aug. 6; A. R. Kirk, 147, Holborn, E.C. 1. KNOWLES (Henry Charles), West Hampstead. Aug. 20; Richard Furber and Son, 8, Gray's-inn-sq, W.C. 1. KANN (Edouard Gustave), Paris. Claims within two months to Adler and Perowne, 46 and 47, London-wall, E.C. 2. Dated June 3. KAY (Marks Louis), Upper Clapton, formerly Stepney. Aug. 12; Arthur S. KIDDLE (Arthur William), Stretford. Aug. 10; Bedell and Driver, Manchester. Gloucester. MARLAND (Jane), Mossley. Aug. 4; John Clayton and Son, Ashton-under-Lyne. MORGAN (Edith Gardiner), Ashiord." Aug. 15; Dale and Newbery, Staines. MORELAND (Jessie), Bromley, formerly Beckenham. Aug. 5; Lindsay, Greenfield, and, Masons, King's House, King-st, Cheapside, E.C. 2. MORGAN (Frances Catherine), Ashford. Aug. 15; Dale and Newbery, Staines. MONTGOMERY (Bertha Mary), Upper Weedon. Aug. 12; Wrensted, Hind, a d Roberts, 63, Queen Victoria-st, E.C. 4. MACKAY (James Hayward), Primrose Hill. Aug. 12; Sugden, Hexta ll, and Beal, MAUD (John), Reading. Aug. 15; Dryland, Son, and Thorowgood, Reading. MULLER (Helen), Crouch End. Aug. 11; Gregory, Rowcliffe, and Co., 1, Bedfordrow, W.C. 1. MCGAVIN (Sarah Ann), Waltham Cross. Aug. 15; Wallace, Pyman, and Co., 35, Basinghall-st, E.C. 2. MOORE (Joel), Ashby-de-la-Zouch. Aug. 11; G. A. Wilkins, Ashby-de-la-Zouch. OXLEY (William Stanewell), Scotton. Aug. 10; Burton and Dyson, Kirton-in Lindsey, Lines. OGDEN (George Alfred), Blackpool. Aug. 9; Woosram and Collis, Blackpcol. OGG (Mary), Newcastle-upon-Tyne. Aug. 7; C. H. Gibson and Thompson, Newcastle-upon-Tyne. PRITCHARD (Adelaide Ann), St. Leonard's-on-Sea. Aug. 4; Neish, Howell, and Haldane, 47, Watling-st, E.C. 4. PATTERSON (Margaret Jane), Burnopfield. Aug. 10; Chas. Percy and Son, Alnwick. PIKE (Penstone Aaron), Ashchurch. Aug. 8; Brookes and Badham, Tewkesbury. POWNALL (Thomas), Nailsea. Aug. 10; Bedell and Driver, Manchester. PARKINSON (John Broadfield), Windermere and Manchester. Aug. 4; Parkinson, Slack, and Needham, Manchester. PEMBERTON (Jseph Arthur), Neston. Aug. 6; Batesons and Co., Liverpool. PENRUDDOCKE (Rev. William Fielding), Exeter. Aug. 15; Mooring, Aldridge, and Haydon, Christchurch, Hants. PREVOST (Sarah Blowers), Cheltenham. Aug. 6; Clowes, Hickley, and Heaver, 10, King's Bench-walk, Temple, E.C. 4. POPE (Walter Stuart), Bristol. Aug. 7; Morgan, Bruce, and Nicholas, Pontypridd. PASSMORE (John Thomas), Northam. Aug. 10; Hcle, Seldon, and Ward, RICHARDS (Lewis Spokes), Birmingham. Aug. 6; Trustee Dept., Barclays Bank, ROWLANDS (Thomas), Caerws. Aug. 3; Martin, Woosnam, and Co., Newtown, ROBINSON (Sarah), Brighouse." Claims within two months to J. Mitchell, Halifax' RAWSTRON (Sarah), Norden. Aug. 8; Hartley, Son, and Coupe, Rochdale. SPYBEY (Hannah), Nottingham. Aug. 8; Thorpe, Perry, and Ford, Nottingham. STREET (Samuel), Southwark. Aug. 11; Burton and Son, Bank-chmbrs, Blackfriars-rd, S.É. 1. STEPHENSON (Ethel Marion Neale), Chelsea. Aug. 9; Mole, Rosling, and Vernon, Reigate. STEPHENS (George Reginald), Overton, formerly Odiham. Aug. 10; H. W. Chandler, Basingstoke. STEVENSON (Jessie), Walmer and Kensington. Aug. 10; Waltons and Co., 101 Leadenhall-st, E.C. 3. SCARNELL (Henry Dean), Paddington. Aug. 8; M. Ashford, 59, Great Marlborough-st, W. 1. SMITH (Alfred William), Feltham. Aug. 4; H. Garland, 29, Ludgate-hill, E.C. 4. SILLEM (Herman Walter), St. Agnes-ct, Porchester-ter. Aug. 9; Johnson, Jecks, and Colclough, 24, Austin Friars, E.C. 2. STUART (Sarah Jane), Clapham Park, formerly Belfast. Aug. 15; Metcalfe, Sharpe, and King, 40, Chancery-la, W.C. 2. TORDIFFE (Georgina Jane Bushby), Whitehaven. Aug. 7; J. R. and H. F. Thompson, Whitehaven. TUTTIETT (John Henry), West Kensington. Aug. 8; Stow, Preston, and Co., 12, Lincoln's-inn-flds, W.C. 2. TATE (Arthur), Leeds. Aug. 8 Lupton and Fawcett, Leeds. TEALE (Joseph William), London Wall. Aug. 7; Ramsden and Co., 85, Gracechurch-st, E.C. 3. THOMAS (Thomas), Merthyr Tydfil. Aug. 6; J. L. Atkins, Dowlais. TEALE (Emma), Luton. Claims within two months to W. Smith, Luton. Dated June 3. VARLEY (John), Kensington Park. Aug. 7; Stileman, Neate. and Topping, 16, Southampton-st, Bloomsbury-sq, W.C. 1. WAYCOTT (Richard). Plympton St. Mary. Aug. 7; Woollcombe and Yonge, Plymouth. WALLACE (Robert), Tottenham. Aug. 10; Trustee Dept., Westminster Bank, 51, Threadneedle-st, E.C. 2, or Avery, Son, and Fairbairn, Station-bldgs, Bruce-gr Tottenham, N. 17. WRAY (Arthur Thomas David), East Ham. Aug. 3; E. Edwards and Son, 193, High-st, East Ham, E. 6. WILSON (Mary Ann Bentley), Southport. Aug. 22; Scatcherd, Hopkins, and Brighouse, Leeds. WOOD (Eveleen Blanche), Ottiwell, Stroud, formerly Clevedon and Torquay. WILKES (Richard John), Worcester. Sept. 5; W. B. Hulme, Worcester. THE LAW AND THE LAWYERS The Divorce Lists We publish this week the lists of the Probate, Divorce, and Admiralty Division for the Trinity sittings, which were issued too late for inclusion last week with those of the other divisions. It is difficult to understand why the lists of this particular division are not available at the same time as the others. There are 501 Probate and Divorce causes, of which 343 are undefended, 93 defended, 13 for trial with special juries, and 52 with common juries, the figures a year ago being 540, 422, 73, 14, and 31 respectively. The total at Trinity 1925 was 460. Although the present sittings are short, it is to be hoped that arrangements will be made to dispose of the whole of these lists before the courts rise for the Long Vacation, and that Admiralty will not be given the preference of Probate and Divorce work, as happened in the Trinity sittings last year, when nearly 30 undefended divorce cases set down before the beginning of the sittings were left untouched, together with a large number of other matrimonial causes. Execution before Judgment THE Lord Chancellor has appointed Mr. Justice Hill (as chairman), Mr. John Gordon Archibald (of the firm of Parker, Garrett, and Co.), Mr. Thomas James Barnes (Solicitor to the Board of Trade), Mr. Hugh Pattison Macmillan, K.C., and Sir James Martin to be a committee to consider the question whether it is expedient to adopt in England a system similar to that of arrestment on the dependence in Scottish law, and, if so, by what method and subject to what safeguards arrestment should be effected. It will be noted that the subject of inquiry extends considerably beyond the proposals that were recently put before the Lord Chancellor by the deputation representing the London, Liverpool, and Manchester Chambers of Commerce. The suggested alteration in the law then made was to enable a plaintiff in an action in this country against a foreign defendant to arrest his property in England as security pending judgment. But arrestment on the dependence in Scottish law is a very different proposition, for it is not confined to foreigners and can be obtained in actions between nationals where there is a pecuniary claim. We believe that an order for arrestment may be inserted in the will of summonses before the Court of Session, but so far as we have been able to ascertain it is rarely, if ever, made use of. As we said last week, execution before judgment is a principle foreign to English jurisprudence, and this is equally so even although the execution is merely interim. The composition of the committee is hardly what one would have expected had it been intended seriously to introduce such a far-reaching change in our existing law, but the members of the committee are sufficiently strong to give the proposition a decent burial. Trade Disputes and Trade Unions Bill BUT one amendment was made to clause 8 of this Bill, which was considered in committee on Monday last. A definition of "lock-out was added to sub-clause (2), and the clause now is as follows, the added portion being in italics : 8. (1) This Act may be cited as the Trade Unions and Trade Disputes Act, 1927, and shall be construed as one with the Trade Union Acts, 1871 to 1917, and this Act and the Trade Union Acts, 1871 to 1917, may be cited together as the Trade Union Acts, 1871 to 1927. Such registers do not in any way eliminate examination of title. They are a mere complement to such examination accompanied by no guarantee. The duties of the officials of the Registry under the Land Charges Act are purely ministerial. They register the particulars as given on the forms of application for registration. They have no means of deciding whether the particulars on these forms are correct, nor whether the instruments (if any) referred to thereon are valid or otherwise. On all such points a purchaser, having received notice of any charges or liabilities by searching in the alphabetical index to the registers, should, before completing the purchase, call on his vendor to explain them or have them cancelled at the Registry. The service rendered by such registers as these differs from that rendered by the register of title under the Land Registration Act. That register is a register of land, and there is a State-guarantee that, subject only to certain minor overriding interests, the title is free from all claims or liabilities whatsoever other than those mentioned in the register. It is based on the ordnance map. Registrations are entered, not against the name of a landowner, but against the particular parcel of land affected. Search can, consequently, be made in that register against a particular parcel of land. The Land Charges registers are designed merely as an aid to examination of title apart from the register. The protection given by such registers springs in essence from their mere existence. The power for purchasers to search in them, or obtain official certificates of search therein, has a powerful deterrent effect on such vendors as might otherwise fraudulently suppress the matters revealed thereby. They are an essential complement to the system of private conveyancing under which title to land is proved by deeds, inasmuch as they are the only practicable method of bringing to the notice of purchasers the existence of liabilities many of which are not imposed by any deed, and, therefore, unmentioned in the deeds but which nevertheless are binding on purchasers of land. Some form of registration of land charges has existed in England for many years. The object of the Act of 1925 was to remove the difficulties constantly arising owing to the doctrine of notice by establishing a complete system where charges of this nature might be recorded. TRUSTS FOR SALE AND SETTLED LAND LAND can be settled either by way of trust for sale or by way of strict settlement under the provisions of the Settled Land Act 1925. The two methods of settlement are quite distinct, and the Settled Land Act does not apply at all to land held upon trust for sale. This is clear from the sub-sect. 7 which is added by the Law of Property (Amendment) Act 1926 to sect. 1 of the Settled Land Act. The two forms are now no longer interlocked, as they were to some extent under the old law. A difficulty arises in some complicated cases where it is uncertain to which form the settlement in question belongs. The point is of importance, for in the one case it is for the trustees of the settlement to make title, in the other for the tenant for life. The amending Act has been held in Re Leigh's Settled Estates (No. 2) (ante, p. 384) to have effected a considerable change in the line of demarcation. This results from the amendment to sect. 2 (2) of the Law of Property Act. This subsection now reads as follows: "Where the legal estate affected is subject to a trust for sale, then if at the date of a conveyance made after the commencement of this Act under the trust for sale or the powers conferred on the trustees for sale, the trustees, whether original or substituted, are either (a) two or more individuals approved or appointed by the court or the successors in office of the individuals so approved or appointed; or (b) a trust corporation, any equitable interest or power having priority to the trust for sale shall, notwithstanding any stipulation to the contrary, be overreached by the conveyance, and shall, according to its priority, take effect as if executed or arising by means of a primary trust affecting the proceeds of sale and the income of the land until sale." In Re Leigh's Settled Estates (136 L. T. Rep. 395; (1926) Ch. 852) the facts were as follows: By a will proved in 1861 a testator devised his freehold lands to the use of his son for life, with remainder, in the events which happened, to the use of his first and every other daughter successively in tail. The son died in 1921, having, in exercise of a power conferred upon him, charged the property with a jointure rentcharge of £1500 per annum. A., the daughter, who succeeded as tenant in tail under the settlement, executed three deeds: Firstly, a disentailing assurance; secondly, a conveyance of the settled land to trustees upon trust to sell; and, thirdly, a settlement of the proceeds of sale. The land thus became vested in the trustees, subject to the jointure, upon trust to sell. Two orders had been made under sect. 7 of the Settled Land Act 1884, which gave A. power to exercise all the powers of a tenant for life of the settled land. Upon the first application to the court, before the amending Act was passed, it was held that the land was the subject of a compound settlement, and that A. had the powers of a tenant for life under sect. 20 (1) (viii.) of the Settled Land Act 1925, and was the person in whose favour a vesting deed should be executed pursuant to Sched. II., par. 1. Mr. Justice Tomlin held this on the ground that there was no "immediate binding trust for sale" affecting the property. He thought that what was meant by such a trust was that the entire land, which was the subject-matter of the settlement, was to be subject to the trust for sale and bound by it. If this was so there was here no immediate binding trust for sale, because the trust for sale was incapable of binding the prior interest of the jointure. After the passing of the Amendment Act a second originating summons was taken out, raising the question as to the effect of that Act upon the powers of the tenant for life and trustees. Mr. Justice Tomlin held that in the amended sect. 2 (2) of the Law of Property Act "trust for sale" is not confined to an immediate binding trust for sale. Consequently, as the trustees of the settlement had been approved by the court, as was to be inferred from an order of the court approving the settlement, the trust for sale was capable of operating in relation to the whole land subject of the settlement and became an immediate binding trust for sale within its definition, and had rendered the land no longer subject to a settlement within the Settled Land Act, s. 1. The effect of this decision is to transfer a considerable number of settlements from the category of strict settlements under the Act to that of settlements by way of trust for sale, and it will also have the effect of leaving others suspended in an intermediate condition. In every case in which land is subject to such charges as would make it settled land under sect. 1 (1) (v.) of the Act, and is also after such charges subject to contract for sale, if the trustees of the settlement are persons who have been approved by the court or a trust corporation, there is such a trust for sale as to take the settlement out of the Act, and the trustees are the persons to make title. If, however, the land is within sect. 1 (1) (v.) and also subject to a trust for sale, but the trustees of the settlement are not in either of the two classes required by sect. 2 (2) to bring that section into operation, there cannot be said to be an immediate binding trust for sale." For the trustees are then in the position they were in when Re Leigh's Settled Estates first came before the court. They cannot sell the property so as to override the prior charges. In this case it would seem that the proper method of sale would be by the tenant for life, the amending Act having not in fact altered the position. Whether a purchaser would accept such a title is uncertain; if he would not, an application would have to be made to the court, either to have trustees approved so as to bring an immediate binding trust for sale into existence by bringing sect. 2 (2) of the Law of Property Act into operation, or for a declaration that the tenant for life could carry on. The two decisions in Re Leigh's Settled Estates leave the position of land settled in this way most uncertain. 66 MONEY "PAID TO THE USE" An interesting and important application of the legal principles relating to the recovery of money paid "to the use of another is to be found in the decision of Mr. Justice MacKinnon in Aktieselskabet Dampskibs Steinstad v. Pearson and Co. (post. p. 542). There the plaintiffs, who were the owners of a vessel, had chartered it to the defendants to go to Finland and bring a cargo of pit props to West Hartlepool. On arrival of the vessel at West Hartlepool, the local agents of the plaintiffs instructed stevedores to discharge the cargo into railway wagons. The plaintiffs paid the stevedores the whole amount |